Jun 13, 2018

CCI gives a green light to proposed acquisition between Amazon.com NV Investment Holdings LLC and Shoppers Stop

On January 2, 2018, CCI affirmed the proposed acquisition of 5% stake in Shoppers Stop Limited (‘Shoppers Stop’) by Amazon.com NV Investment Holdings LLC (‘Amazon’). Amazon, a wholly-owned subsidiary of Amazon.com Inc. (‘ACI’) is registered as a foreign portfolio investor with the Securities and Exchange Board of India and has the following investments through its Indian and overseas subsidiaries: (i) Amazon Seller Services Private Limited (‘Marketplace Affiliate’); (ii) Amazon Wholesale (India) Private Limited (‘Amazon Wholesale Platform’); and (iii) Amazon Payments (India) Private Limited (‘Amazon Payments’). Shoppers Stop, an entity listed on the Bombay Stock Exchange and the National Stock Exchange is engaged in selling apparel, accessories, beauty care products, etc., and sells products through the Marketplace Affiliate.[1]ACI, through its subsidiaries, is engaged in businesses relating to wholesale (B2B), retail (B2C), e-commerce platform, digital payments, etc. and Shoppers Stop is engaged in retailing products through its stores and e-commerce platforms (including Marketplace Affiliate). Apart from the existing relationship between Shoppers Stop and Marketplace Affiliate, there exists a potential relationship between: (i) Shoppers Stop and Amazon Wholesale Platform; and (ii) Shoppers Stop and Amazon Payments.CCI noted that the presence of Shoppers Stop in overall B2C or in any narrower segment is insufficient to raise competition concerns. This was reaffirmed by the presence of other big players in the market such as Flipkart, Reliance Retail, PayTM, ZIP Cash, etc. providing similar products/services.[1] Combination Registration No. C-2017/12/538.

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